1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

3.

Punishment of the crime

1. On September 12, 2012, the Defendant, in addition to being sentenced to a fine of two million won for the crime of injury in the Gyeyang Branch of the Suwon District Court on September 12, 2012, the records of violent crimes are more than ten times.

2. On April 19, 2014, the Defendant: (a) around 06:15, on the grounds that the victim E (year 42) expressed an desire to the Defendant by telephone at a “D” restaurant located in Ansan-si, Ansan-si; and (b) 3-4 times at the victim’s face face, the Defendant released the Defendant by telephone.

Accordingly, the defendant habitually assaulted the victim.

Summary of Evidence

1. Crimes indicated in judgment;

(a) Defendant's legal statement;

(b) Police statement of E;

(c) Photographs;

2. Criminal records shown in the judgment;

A. Prosecution investigation report (report on suspect's habitual determination);

(b) An inquiry report;

3. In light of the following facts: (a) even though the Defendant was punished as a violent crime more than 11 times, and (b) the Defendant had committed the instant crime repeatedly, and (c) the circumstances and details of the instant crime do not significantly differ from the previous criminal records, etc., it is recognized that the Defendant has a habit of violent crime.

Application of Statutes

1. Article 2 (1) 1 of the Punishment of Violences, etc. Act on the Punishment of Violences, etc. of Criminal Crimes is habitually a crime of assault under Article 260 (1) of the Criminal Act, and is punished under Article 2 (1) of the Punishment of Violences, etc. Act, Article 260 (3) of the Criminal Act cannot be deemed to apply. Thus, the above crime may be discussed against the clearly expressed will of the victim.

(See Supreme Court Decision 2007Do7879 Decided December 27, 2007). Article 260(1) of the Criminal Act

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

4. Reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order;

1. The scope of applicable sentences: Imprisonment for six months to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Determination of types: Violence Crime Group - Violence Crime - Type 6 (Special Violence Habitual Assault);

(b) Special penal persons: No penalty shall be imposed;

(c)the scope of recommendations;